POSITIONING THE RIGHT TO HOUSING IN INTERNATIONAL HUMAN RIGHTS

LAW: AN OUTLINE FOR THE PROTECTION OF MIGRANTS AND ASYLUM-

SEEKERS

ABSTRACT-

The human right to shelter is of fundamental importance for the enjoyment of all other rights.
The right to housing is evidently linked to the integral dignity of the human being and is
crucial for the realization of other human rights enshrined in the International Bill of Human
Rights. It is also indivisible from social justice, necessitating the adoption of proper
economic, environmental and social policies, at both the national and international levels,
concerned with eradication of poverty and the accomplishment of all human rights for all.

STATEMENT OF PROBLEM-

 What are the Responsibilities, Duties and Obligations of State to protect the Right of
Housing for Refugees in their State?
 Does providing housing and other amenities to refuges harms the right of native
people?

JUSTIFICATION-

International human rights law recognizes everyone’s right to an adequate standard of living,
including adequate housing. Regardless of this right within the global legal system, well over
a billion people are not properly housed. Heaps around the globe live in life- or health
threatening conditions, in congested slums and informal settlements, or in other conditions
which do not uphold their human rights and their dignity. Further increasing insecurities
among the native people of that particular country led to violence with the refugees and
migrants they are forcibly evicted, or threatened with forced eviction, from their homes every
year

RESEARCH METHODOLOGY-

The research methodology adopted in this project is Descriptive in nature. It is solely based
on the secondary data available. The researcher will describe the present convention and
problems relating to right to housing. The researcher will also discuss the Safeguards in the
case of eviction, obligation and accountability of states.
Literature review-

The author for this particular paper went through certain literatures relevant and available in
this field. The few of them mentioned are:

 The Right to housing in law and society by Nico Moons published by New York
Routledge.
 The Right to Adequate Housing published by UN HABITAT under Office of the
United Nations High Commission for Human Rights. Fact Sheet No. 21/ Rev.1.
 Right to Food: International and National Perspectives By Manoj Kumar Sinha cited
at 56 JILI (2014) 47
 Housing and property restitution for refugees and displaced person: Implementing the
‘Pinheiro Principles’ published by OHCHR.